Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2784
Posts / Week:6.3
Archived Since:March 17, 2008

Blog Post Archive

Challenging competitor's TM as generic is protected by Mass. anti-SLAPP law

3 months agoIndustries / Law : 43(B)log

Shire City Herbals, Inc. v. Blue, 2016 WL 2757366 (D. Mass. May 12, 2016) HT Eric Goldman. Shire City sued Mary Blue and two other people for trademark infringement and false advertising-related claims based on their attacks on Shire City’s federally registered trademark, FIRE CIDER, for a herbal tonic. Show More Summary

Documentary on transformative works in France

4 months agoIndustries / Law : 43(B)log

French transformative fandom and its perilous legal status : Emmanuelle Debats talks about her documentaries about French fandom. Excerpts: My first reaction to fanfiction was surprise and shock. I mean I had the basic French reaction:...Show More Summary

The OTW is recruiting legal team volunteers!

4 months agoIndustries / Law : 43(B)log

If you're interested in supporting transformative works, and especially if you can help with the basics of running a nonprofit (no IP expertise required), please consider volunteering! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Entitlement to disgorgement doesn't create Lanham Act standing

4 months agoIndustries / Law : 43(B)log

Gravelle v. Kaba Ilco Corp., 2016 WL 2644890, NO. 5:13-CV-642 (E.D.N.C. May 9, 2016) Simple, but worth having a cite: plaintiff claimed false advertising based on allegedly false patent marking. He couldn’t show that the falsity wasShow More Summary

Double play: Tyson defeats TM and false advertising claims

4 months agoIndustries / Law : 43(B)log

Parks, LLC v. Tyson Foods, Inc., No. 15-cv-00946 (E.D. Pa. May 10, 2016) This case involves a trademark and false advertising dispute. Previous ruling denying an injunction. Parks claimed to own “Parks” for sausages and other foods.Show More Summary

Reading list: Choreographing Copyright

4 months agoIndustries / Law : 43(B)log

Anthea Kraut, Choreographing Copyright: Race, Gender, and Intellectual Property Rights in American Dance: Fascinating study of the complexities of claiming rights in a world in which asserting property rights is a measure of one’s humanity—and...Show More Summary

There's no cushioning this blow: Comparative advertising is copyright fair use

4 months agoIndustries / Law : 43(B)log

Ashley Furniture Industries, Inc. v. American Signature, Inc., 2014 WL 11320708, No. 11–cv–427 (S.D. Ohio June 25, 2014) This 2014 case just showed up in my Westclip search and is worth noting for adding to the small but consistent body of case law holding that comparative advertising is a recognized category of copyright fair use. Show More Summary

Incarnadine: Pom's FTCA violation could've given it unclean hands against Coca-Cola

4 months agoIndustries / Law : 43(B)log

POM Wonderful LLC v. Coca Cola Co., No. CV 08-06237, 2016 WL 2587994 (C.D. Cal. Feb. 19, 2016) After a trip to the Supreme Court, Pom’s false advertising case against Coca-Cola ended with a verdict in favor of Coca-Cola; here, the judge...Show More Summary

In which I sue Amazon again

4 months agoIndustries / Law : 43(B)log

In FTC v. Amazon, the initial opinion was heavily, albeit badly, redacted. With the able assistance of Paul Alan Levy from Public Citizen, MediaPost and I have moved to unseal the opinion and the documents on which it's based, on the...Show More Summary

Off the record: Use of name in instruction card doesn't suggest endorsement

4 months agoIndustries / Law : 43(B)log

Martin v. Wendy’s International, Inc., 2016 WL 1730648, No. 15 C 6998 (N.D. Ill. May 2, 2016) Johannes Martin alleged that Wendy’s and Guinness World Records violated §43(a) and his Illinois right of publicity by using his identity in a 2013 promotion. Show More Summary

CFP: IP + Race, at Boston College

4 months agoIndustries / Law : 43(B)log

The IP + Race conference hosted by Boston College in April 2017, sponsored by Jessica Silbey, Anjali Vats, Deidre Keller, and Amit Basole, is seeking participants. They are expecting special musical guests for the conference as well – all IP and critical race related, of course. Show More Summary

Copyright Office 512 Roundtable: Open Mic

4 months agoIndustries / Law : 43(B)log

Official description: Panelists from previous sessions and observers may sign up at the roundtable to comment on topics discussed during earlier panels or raise and discuss other pertinent issues. David Green, NBC Universal: what should the Office do at the end of the process? Don’t undertake a rewrite of 512. Show More Summary

Copyright Office 512 Roundtable: Future of 512

4 months agoIndustries / Law : 43(B)log

(In homage to Jonathan Zittrain, I am giving this panel the nickname, The Future of the Internet and How To Stop It) Official description: General trends, including notice volume and other relevant empirical data; scalability and future...Show More Summary

Copyright Office 512 Roundtable: Voluntary Measures and Industry Agreements

4 months agoIndustries / Law : 43(B)log

Official description: Voluntary alternatives to and modifications of statutory notice-and-takedown process; best practices; collaborative efforts of content owners, service providers and others to address online infringement, including...Show More Summary

Copyright Office 512 Roundtable: Technological Strategies and Solutions

4 months agoIndustries / Law : 43(B)log

Official description: Infringement monitoring tools and services; automated sending of notices, including notice parameters; automated processing of notices; role of human review; identification of works through fingerprinting, hashShow More Summary

Seen on the way to the Copyright Office hearings

4 months agoIndustries / Law : 43(B)log

Check out the "O" in the Chinatown mural, to the right. After the Hangover II case, does LV have a cause of action? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Copyright Office 512 Roundtable: Scope and Impact of Safe Harbors

4 months agoIndustries / Law : 43(B)log

Scope and Impact of Safe Harbors Official description: Scope of entities and activities covered by safe harbors; incentives (and disincentives) for creators, copyright owners, online providers, investors, and users; impact on licensing...Show More Summary

Copyright Office 512 Roundtable: Applicable Legal Standards

4 months agoIndustries / Law : 43(B)log

Applicable Legal Standards Official description: Actual and “red flag” knowledge requirements; financial benefit/right to control test; willful blindness; repeat infringers; good-faith requirements and Lenz; misrepresentation; fair use;...Show More Summary

Copyright Office 512 Roundtable: Service provider response

4 months agoIndustries / Law : 43(B)log

Session 2: Notice-and-Takedown Process—Service Provider Response and Counter-Notifications Official description: Handling of and response to notices, including timing and notices from high-volume senders; sending and handling of counter-notifications;...Show More Summary

Copyright Office 512 Roundtable: Notice and Takedown

4 months agoIndustries / Law : 43(B)log

A couple of introductory thoughts: There are over 20 panelists per hour and a half panel. The math on that is not good in terms of substantive contributions, even if no one rolls out their talking points at all in response to specific...Show More Summary

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